Feb. 19, 2013

Written by

Free Press Staff Writer

Dennis Tribble, whose two murder convictions in the shooting death of Michael Borello have been thrown out, is led from Vermont Superior Court in Hyde Park in January. / Micky Smith, News and Citizen/File photo

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The case of Dennis Tribble, the man twice convicted of murdering a neighbor in 2000 only to have the Vermont Supreme Court overturn the verdicts, is headed for a third trial.

Tribble, representing himself, appeared Tuesday afternoon in Vermont Superior Court in Hyde Park to face a charge of second-degree murder.

After an exchange between Tribble and Judge Gregory Rainville, Rainville entered a pro-forma not-guilty plea on Tribble’s behalf and ordered that he undergo a mental competency exam before any pretrial issues are addressed, Lamoille County State’s Attorney Joel Page said later Tuesday afternoon.

Tribble, 62, of Wolcott is accused of shooting his neighbor Michael Borello on his 43rd birthday after the two had argued. Tribble has contended he acted in self defense.

Tribble was first convicted of first-degree murder in 2002 in absentia when he fired his attorney the day before the trial was begin, then refused to show up at court to defend himself.

The Vermont Supreme Court overturned that verdict and ordered a new trial after ruling the lower court had erred in letting the trial proceed without Tribble’s participation following a dispute between Tribble and a defense lawyer about employing an insanity defense.

The case was retried in 2009 with Tribble represented by a lawyer. A jury found Tribble guilty of second-degree murder but not first-degree murder.

The high court overturned that verdict in December, ruling that Judge Brian Grearson mistakenly permitted the jury to hear videotaped testimony about Tribble’s mental state at the time of the shooting.

By doing so, the justices ruled, Tribble did not have a chance to question the witness face-to-face. Also problematic at the trial, the high court ruled, was the judge’s allowing Tribble’s lawyer to make the final decision to argue that Tribble’s mental capacity was diminished at the time of the shooting.

Tribble has fired 10 lawyers during the past 13 years over disputes about his defense against the murder charges, records show.

Grearson’s status as the judge assigned to preside over the third trial is in question, Page said. Tribble has filed a request to have Grearson remove himself from the trial. A decision on the matter by Judge Amy Davenport, the administrative judge for the court system, is pending.